Chapter 16.06
RULES OF CONSTRUCTION AND DEFINITIONS
Sections:
16.06.010 Rules of Construction
16.06.020 Definitions
16.06.010 Rules of Construction
Certain words used in this ordinance shall be interpreted as follows:
1. May is permissive.
2. Present tense shall include the future tense.
3. Shall is mandatory. (Ord. 920 2003)
(Manual, Amended, 07/21/2003)
16.06.020 Definitions
The following definitions shall apply:
Alley: a minor way designed or used primarily for vehicular and utility service access to the rear or side of properties otherwise abutting on a street.
Block: that property fronting on one side of a street and so bounded by other streets, canals, unsubdivided acreage or other barriers (except alleys) of sufficient magnitude to interrupt the continuity of development on the perimeter of the property.
Council: the Mayor and Council of the City of Winslow, Arizona.
City: the City of Winslow, Arizona.
City Planner: the City of Winslow official, or designee, responsible for conducting inspection, review and enforcement for compliance with regulations of the Zoning Ordinance and related development provisions.
Commission: the City of Winslow Planning and Zoning Commission.
Cul-de-sac: a short minor street having one end open for motor traffic, the other being permanently terminated by a vehicular turnaround.
Dedication: the conveyance of land or a use of the land only (easement) to a public agency or to one or more persons for a general or specific purpose.
Development: the construction of improvements and/or buildings on land for public or private purpose.
Easement: the right-to-use that a person or public entity may have on the land of another.
Engineering Plans or Plans: the plans, profiles, cross-sections, and other required details for the construction of public improvements and private lots (prepared by a civil engineer registered in the State of Arizona) in accordance with the approved preliminary plat and in compliance with standards of design as determined by the city.
Final Approval: unconditional approval of the final plat of a subdivision. such final approval must be certified on the plat by the Mayor and attested by the City Clerk.
Floodplain: an area of land subject to inundation or overflow of the 100 year flood having significant velocity to transport debris, scour the surface soil, dislodge or damage buildings or erode banks of water courses.
Floodplain Data: information that defines the boundary of a floodplain in a 100 year flood, either mapped or given in elevations.
Improvements: the required installations, pursuant to this ordinance, including, but not limited to, grading, drainage, sewer and water utilities, streets, street name signs, sidewalks, curb and gutter, easements, alleys, street lighting, and traffic control devices; the final approved design of which is a prerequisite to the approval and acceptance of the final plat and recordation of an approved final plat.
Improvement Standards: A set of regulations setting forth the details, specifications and instructions to be followed in the planning, design and construction of certain required improvements to property.
Lot: a parcel or unit of ground described by metes and bounds, aliquot part or as a numbered lot or parcel in a recorded subdivision and held or intended to be held in a separate lease or ownership, and having frontage on at least one street.
Lot Depth: the horizontal distance between the front and rear lot lines. For lots having front and rear lot lines which are parallel, the horizontal distance between such lines; for lots having front and rear lot lines which are not parallel, the horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line; and for triangular shaped lots, the horizontal distance between the front line and a line within the lot, parallel to and at a maximum distance from the front line, said line having a length not less than ten (10) feet.
Lot Frontage: the narrowest part of a front lot line that abuts a street.
Lot Width: for rectangular lots, lots having side lot lines not parallel, and lots on the outside of the curve of a street, the distance between side lot lines measured at the required front setback line on a line parallel to the street or street chord; and for lots on the side curve of a street, the distance between side lot lines measured thirty (30) feet behind the required front setback line on a line parallel to the street or street chord.
Lot Line, Front: the boundary line of a lot which abuts a street and which the front of the building faces or will face, and which separates the lot from the street or easement through which access is provided; or as determined by the city planner in cases of unique topography or unique lot configuration. In the case of a corner lot, the front lot line is the shorter of the two lot lines separating the lot from the street, except that where these lot lines are equal or within feet of being equal either lot line may be designated the front lot line by the City Planner.
Lot Line, Rear: the boundary of a lot, which is most distant from, and most nearly parallel to, the front lot line. In the absence of a rear lot line, as is the case of a triangular shaped lot, the rear lot line may be considered as a line within a lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten (10) feet.
Minor Subdivision: applies to one or all of the following:
1. A land split which is the division of improved or unimproved land whose area is two and one half (2 ¾) acres or less into two (2), three (3), four (4) or five (5) tracts or parcels of land for the purpose of sale or lease.
2. The division of improved or unimproved land or lands for the purpose of financing, sale or lease, whether immediate or future, into two (2), three (3), four (4) or five (5) lots, tracts, or parcels of land, and when a new street is not involved.
3. The division of improved or unimproved land or lands for the purpose of financing, sale or lease, whether immediate or future, into more than two (2) parts, and when the boundaries of such property have been fixed by a recorded plat.
Open Space: any space or area characterized by existing openness, natural condition or present state of use, that if retained, would maintain or enhance the preservation of natural, scenic or recreational resources.
Owner: the person or persons holding title by deed to land, or holding title as vendor under a land contract, or holding any other title of record.
Parcel of Record: any lot, tract, parcel or other piece of land that was recorded by the County Recorder prior to the adoption of this ordinance.
Perimeter Boundary: a line around any piece of property such as a lot, block or subdivision which encloses and separates that piece from adjacent pieces.
Plat: a document which includes a map of certain described land together with certifications, notes, development data and other information which has been prepared in accordance with this ordinance and which serves as an instrument for subdivision approval.
Plat, Final: the official plat which is prepared by a licensed engineer or surveyor and approved by the City Council and recorded with the County Recorder.
Plat, Preliminary: the map or maps of a proposed subdivision, and specified supporting materials prepared in sufficient detail, by a licensed engineer or surveyor, to permit the evaluation of the subdivision prior to final engineering development and survey.
Pre-Application Sketch Plan: a plan of a general nature for review by the city staff showing the proposed division of land at an early stage to enable discussion of the project between the subdivider and staff so as to identify any items of concern or requirements to be met before the preliminary plat is submitted.
Proof of Ownership: a deed, title company certification, title report or some other document acceptable to the City Planner.
Public Improvement Standards: a set of regulations setting forth the details, specification and instructions to be followed in the planning, design and construction of certain public improvements in the city, formulated by the city engineer, the county health department and other city departments.
Recorded Plat: a final plat bearing all certificates of approval required by this ordinance and the statutes of Arizona and duly recorded in the County Recorder’s Office.
Right-of-Way: a parcel or strip of land which is granted to the City of Winslow by a property owner for use by another, e.g., street right-of-way.
Sight Distance Triangle: the area at the intersection of two streets or roads where a driveway enters a street or road, that is intended to allow a clear line of sight of oncoming vehicles.
Subdivider: a person, firm, corporation, partnership, association, syndicate, trust, or other legal entity that files an application and initiates proceedings for a subdivision in accordance with the provisions of this ordinance and statutes of Arizona, except that an individual serving as agent for such legal entity is not a subdivider; and said subdivider need not be the owner of the property as defined by this Chapter.
Subdivision: improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into more than five (5) lots, tracts, or parcels of land, or, if a new street is involved, any such property which is divided into two (2) or more lots, tracts or parcels of land; or, any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than (2) parts. Subdivision also includes any condominium, cooperative, community apartment, townhouse, or similar project containing more than five (5) parcels, in which an undivided interest in the land is coupled with the right to exclusive occupancy of any unit located thereon. Plats of such condominium projects will show the location and dimensions of both vertical and horizontal boundaries of each unit and each unit’s identifying number, said boundaries to be referenced to established benchmarks and datum. Subdivision does not include the following:
1. The sale or exchange of parcels of land to or between adjoining property owners if such as said exchange does not create additional lots.
2. The partitioning of land in accordance with the statutes regulating the partitioning of land held in common ownership.
3. The leasing of apartments, offices, stores or similar space within a building or trailer park.
4. Mineral, oil or gas leases.
Subdivision Design: the street alignment, grades and widths, alignments and widths of easements and rights-of-way for drainage and sanitary sewers, and the dimensions, arrangement and orientation of lots and streets.
Tract: a designated parcel of land that is part of a larger parcel. Sometimes used in lieu of "lot."
Utilities: the installations of facilities, furnished for the use of public electricity, gas, steam, communications, water, television cable, or sewage disposal, owned and operated by any person, firm, corporation, municipal department or board, duly authorized by State or municipal regulations. Utilities as used herein may also refer to such persons, firms, corporations, departments or boards, as applicable herein.
USGS: United States Geological Survey
Waterways: any lake, river, creek, manmade channel, stream, wash or other body of water having banks and beds through which water flows at least periodically. The term may include specifically designated areas in which substantial flood damage may occur. (Ord. 920 2003, Prior §16.04.040, Prior Code Appx. B § 401)
(Manual, Amended, 07/21/2003)